Calcutta High Court (Appellete Side)
An Application For Anticipatory Bail ... vs Md. Sahidul Haque & Ors on 19 September, 2013
Author: Nishita Mhatre
Bench: Nishita Mhatre
19.09.13 Item No. 66 Court No.17 K.Mitra CRM No. 11758 of 2013 In the matter of: An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on 21.08.2013.
And In the matter of: Md. Sahidul Haque & Ors.
Petitioners
- versus -
The State of West Bengal
Opposite Party
Mr. Tapan Dutta Gupta For the Petitioners
Mr. Arijit Ganguly For the State
Md. Sabir Ahmed For the Complainant
The Petitioners, apprehending arrest in connection with Kaliachak Police Station Case No. 135 of 2013 dated 07.03.2013 under sections 326/307/34 of the Indian Penal Code, have applied for anticipatory bail.
We have heard the learned Advocates for the parties. The application for anticipatory bail is not being pressed on behalf of the Petitioner No.1, Md. Sahidul Haque, and, therefore, it is dismissed.
As regards the other Petitioners, we have seen the case diary. The Petitioner Nos. 3 and 4, Md. Afrajul Haque and Md. Ketabuddin, have been implicated and, therefore, their application for anticipatory bail is rejected.
So far as the Petitioner No.2, Md. Mahibar Rahaman, is concerned, there is no need for his custodial interrogation in this case.
Hence, we allow his application and direct that in the event of arrest, the Petitioner No.2, Md. Mahibar Rahaman, shall be released on bail upon furnishing a bond `10,000/- (Rupees Ten thousand) with one surety of like amount to the satisfaction of the Court concerned subject to the conditions laid down under section 438 (2) of the Code of Criminal Procedure, 1973.
The application for anticipatory bail is, thus, disposed of.
(Nishita Mhatre, J) (Kanchan Chakraborty, J)